IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA
MARTINSBURG DIVISION

UNITED STATES OF AMERICA,
Plaintiff,

v.

THE SHERIFF OF HAMPSHIRE COUNTY;
AND THE HAMPSHIRE COUNTY COMMISSION,
Defendants.

COMPLAINT

Plaintiff, the United States of America, alleges:

1. This action is brought on behalf of the United States
to enforce the provisions of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e, etseq.

2. This Court has jurisdiction of the action under 42
U.S.C. 2000e-5(f) and 28 U.S.C. 1345.

3. Defendant, the Sheriff of Hampshire County,
("Sheriff"), is an elected official in the State of West
Virginia. The Defendant Sheriff is sued in his official capacity
only.

4. The Sheriff is the chief law enforcement officer of
Hampshire County, a political subdivision of the State of West
Virginia.

5. The Sheriff has responsibility for the selection of
jailers for the Hampshire County jail, and for their hiring and
employment, by and with the assent of the Hampshire County
Commission.

6. The Sheriff is a "person" within the meaning of 42
U.S.C. 2000e(a) and an employer or agent of an employer within
the meaning of 42 U.S.C. 2000e(b).

7. The Defendant Hampshire County Commission
("Commission") is responsible for approving the Sheriffs budget,
for paying the Sheriffs employees and for supervising the police
affairs of Hampshire County. The Commission is named as a party
pursuant to Fed. R. Civ. P. Rule 19(a).

8. The Defendant Sheriff has discriminated against
Ernestine Friera in violation of Section 703(a) of Title VII of
the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-2(a),
among other ways, by failing and refusing to hire her for a
jailer position, a position for which she applied beginning in or
about April 1993, because of her sex, female.

9. The Equal Employment Opportunity Commission (EEOC)
received a timely charge from Ms. Friera in which she alleged
that she had been discriminated against on the basis of her sex
by the Hampshire County Sheriffs Department. Pursuant to
Section 706 of Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. 2000e-5, the EEOC investigated the charge and
found reasonable cause to believe that discrimination in
employment against Ms. Friera on the basis of her sex, in
violation of Title VII, had occurred. The EEOC attempted
unsuccessfully to achieve through conciliation a voluntary
resolution of the charge, and subsequently referred the charge to
the Department of Justice.

10. All conditions precedent to the filing of this suit
have been performed or have occurred.

WHEREFORE, Plaintiff prays that the Court grant the
following relief:

(a) Declare the Defendant Sheriff to be in violation of
Section 703(a) of Title VII of the Civil Rights Act of
1964, as amended, 42 U.S.C. 2000e-2(a), for failing and
refusing to hire Ernestine Friera as a jailer on the
basis of her gender;

(b) Declare that sex is not a bona fide occupational
qualification within the meaning of Section 703(e) of
Title VII, 42 U.S.C. 2000e-2(e), for any of the jailer
positions sought by Ms. Friera at the Hampshire County
jail;

(c) Enjoin the Defendant Sheriff from failing or refusing
to hire women on the basis of their sex for any jailer
position at the Hampshire County Jail unless sex is a
bona fide occupational qualification for that position
within the meaning of Section 703(e) of Title VII, 42
U.S.C. 2000e-2(e).

(d) Enjoin the Defendant Sheriff and the Defendant
Hampshire County Commission, as appropriate, from
failing and refusing to provide sufficient equitable
relief to make whole the charging party, Ernestine
Friera, for the loss she has suffered as a result of
the discrimination against her as alleged in this
Complaint;

(e) Award compensatory damages to Ernestine Friera as would
fully compensate her for injuries caused by the
discrimination against her as alleged in this
Complaint, pursuant to and within the statutory
limitations of Section 102 of the Civil Rights Act of
1991, 42 U.S.C. 1981a.

The plaintiff prays for such additional relief as justice
may require, together with its costs and disbursements in this
action.

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JURY DEMAND

The United States hereby demands a trial by jury of all
issues so triable pursuant to Rule 38 of the Federal Rules of
Civil Procedure and Section 102 of the Civil Rights Act of 1991,
42 U.S.C. 1981a.